Prosecutors win legal ruling in Sterling Heights fatal car crash case

Macomb County prosecutors won a technical legal ruling that may help its case against a defendant in a fatal Sterling Heights car crash case involving alleged marijuana use.

The state Court of Appeals on Wednesday released its decision that says a judge will tell jurors that prosecutors only must prove that Timothy Wilds "voluntarily decided to drive after knowingly ingesting marijuana," instead of the slightly more difficult to prove, that Wilds "voluntarily decided to drive knowing that he had any amount of THC (tetrahydrocannabinol) in his body."

The ruling reverses Macomb Circuit Judge Edward Servitto's ruling in the case against Wilds, 21. He is charged with a 15-year felony under two theories, operating a vehicle under the influence of any amount of a controlled substance or while under the influence of a controlled substance.

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But the ruling also disagreed with the prosecution's suggestion to add the language -- "The prosecution does not have the burden of proving that the defendant knew or should have known that he had the presence of THC within his body."

However, it notes that the language can be used if the defense attempts to argue that Wilds didn't believe the marijuana affected his ability to drive, according to the ruling.

Wilds is accused of causing the death of Brittany Nowicki, 18, of Macomb Township, who was a passenger in the Jeep that Wilds was driving at 6 a.m. Dec. 10, 2010. He tried to pass another vehicle on snowy Plumbrook Road in Sterling Heights when he lost control and collided with an oncoming vehicle. Nowicki, who wasn't wearing a seat belt, was ejected through the windshield and died later at a hospital. Wilds was uninjured.

Wilds' tested blood revealed a tiny amount -- two nanograms per milliliter -- of THC in his system.

Wilds' defense attorney, James Maceroni, declined to comment.

Assistant Macomb prosecutors involved in the case could not be reached for comment.

Maceroni tried to appeal another issue but the COA refuses to address it. He objected to Servitto's refusal to allow a "lesser included" option for the jury, moving violation causing death, a one-year misdemeanor.

Wilds does face a second charge of misdemeanor driving while intoxicated, which can include under the influence of a drug.

Wilds remains free under house arrest after posting 10 percent of a $10,000 bond.